Shivani Thakur
Published on: May 23, 2022 at 17:30 IST
The Supreme Court observed that an Armed Forces employee on re-employment in Government service is not entitled to his pay scales at par with his last drawn pay in ‘Armed Force’.
The Writ Petitioner before the Delhi High Court was a Major in the Indian Army and was discharged from service on 15.07.2007. Later, he was appointed and claimed that as on the date of his discharge from the Indian Army, he was drawing pay of Rs.28,340 with grade pay of Rs.6600.
Allowing his Writ Petition, the High Court held “that upon reappointment in government service the original Writ Petitioner being a retired Armed Force Personnel would be entitled to his basic pay being fixed at par with his last drawn pay.”
Answer to this issue, The Bench comprising Justices MR Shah and BV Nagarathna observed, “The reference to the last drawn pay in the armed forces is only to ensure that the pay computed in the civil post in the manner envisaged in para 8 of Central Civil Services Order (CCS) does not exceed the basic pay (including the deferred pay but excluding other emoluments) last drawn by the personnel in the armed forces.”
“For example, if the minimum of the scale attached to the civil post is higher than the last drawn pay of the personnel in the armed force and while computing the pay for the civil post as envisaged under para 8 of CCS if it so exceeds then possibly the last drawn pay in the armed forces could be paid.”
“Thus, in a case where computation of pay exceeds last drawn pay in the armed forces then, in such a situation possibly the last drawn pay of such personnel can be fixed”.